Seven years of waiting for structural change: How will Chile’s new data protection law reshape companies and institutions?
The bill regulating the protection and processing of personal data and creating the Personal Data Protection Agency is ready for constitutional review, then presidential promulgation and publication in the Official Gazette. It will enter into force 24 months after the latter. We share a Legal Alert on the matter.
The draft law regulating the protection and processing of personal data and creating the Personal Data Protection Agency is ready for constitutional review, then presidential promulgation and publication in the Official Gazette. It will enter into force 24 months after the latter. We share a Legal Alert on the matter, prepared by our lawyer @Juan Hurtado.
‘The approval of the project implies that companies will need to generate and encourage a culture of data protection, as these are rules that introduce new burdens or responsibilities and that consider standards that are very different from the current ones. It will also require particular attention to compliance, as the certification of the existence of Infringement Prevention Models and the existence of a Personal Data Protection Officer (DPO) will constitute a mitigating factor in the event of an infringement, and will compel companies to carry out audits of the information held by third parties, define whether its use is necessary and how this information should be protected, among other aspects. They must have lines of communication to inform and make privacy policies transparent, in addition to which they must provide easy and expeditious access to channels through which data owners can exercise their ARCOP rights (access, rectification, cancellation or deletion, etc. of personal data). A list of infringements and penalties is also established, with fines that can reach up to 20,000 UTM,’ says Juan Hurtado, lawyer of our Palma Tech practice”.
Palma – Alerta_Legal_Nueva Ley de Protección de Datos – Agosto 2024